From: [redacted]
To: [redacted]
Subject: sherman martin austin / raisethefist.com
Date: Mon, 12 Aug 2002
to all concerned parties: This e-mail is in reference to an earlier one i
sent yesterday regarding Sherman Austin, webmaster of raisethefist.com. Some
additional info:
date plea agreement faxed: aug 7, 2002.
offer expires and is withdrawn if not accepted by aug 9, 2002. sherman has
told me that the deadline for him to accept this deal is now aug, 15, 2002
charges dropped in exchange for guilty plea on 18USC 842 (P)(2)(A):
the original charges of (1) count of 26USC 5861 D, possessing the
components of a molotov cocktail and posession of a unregistered firearm and
(2) counts of 18USC 1030 A, intentionally accessing protected computers
without authorization and causing damage to those systems in and before jan,
2001. "defendant understands that the USAO is free to prosecute defendant
for any other unlawful past conduct or any unlawful conduct that occurs
after the date of this agreement"
The plea agreement offered by the U.S. Attorney's office in Los Angeles to
sherman austin contains a "waiver of prosecution by indictment" form which
he is being asked to sign. From what i understand, this is very unusual.
he has not yet been indicted, and his attorney is consenting that the
proceedings may be "by information rather than indictment" Sherman must
also sign the form to make it binding. sherman has informed me that he has
"got a second opinion from other attornies" and they have indicated that the
situation is unusual. sherman says he thinks that it is "some sort of set up
or trap"
I have a copy of the Plea agreement and I will make it availible to all
interested parties as soon as i am able to obtain consent from Sherman.
[name redacted]
to all concerned parties:
[name], i am sorry for the delay in contacting you. the u.s. attorney's office
in los angeles (major crime section) has decided to prosecute sherman austin
for allegedly posting bomb making instructions on his website
www.raisethefist.com. the best plea agreement offered him so far is 1 month
custody, 5 months halfway house, and 3 years supervised release. part of
the conditions of his probation restict him from using a computer and
intereacting with his fellow activists. i am also assuming that if standard
procedure is foilowed, his travel will be confined to the county where he
lives.
he is being instructed by his counsel to not speak to the news media. i am
trying to convince him otherwise since there are illegal measures being used
by the FBI in order to harass sherman at this time. His AOL Instant
Messnger accounts were routinely used by FBI hackers to gain intel on who
he is communicating with. In addition sherman has told me that there are "2
to 3 hackers employed by the FBI who are knocking off my website. i am
tracking them now"
his attorney is federal public defender Ron Kay, 321 E. 2nd st. Los Angeles,
90012, 213-894-2854
he is being prosecuted by assistant u.s. attorney (AUSA) Rodrigo A.
Castro-Silva, major crimes section, 213-894-2262
he is being asked to plead guilty to title 18 u.s. code section 842(P)(2)(A)
which is the disemmination of bomb making instructions on the internet
under u.s. guidelines this is a base offense level of 12 with a reduction
for acceptance of reponsibility, a level 10 which carries a penalty of 6 to
12 months
if he takes the case to trial, he faces two to twenty-five years. his
attorney has viewed the evidence and informs sherman that they will easily
convict him at trial. sherman is being pressured to accept the agreement.
i will keep you informed on what happens from here.
[name redacted]